Advocate Amit Rathi

Questions Answered by Advocate Amit Rathi

Q: Procedure for eviction of tenant since agreement has eviction clause

Please help me with the process of eviction.. How to file a suit? Also if thr leave and license agreement has a clause that we can evict .. Remove the tenant and belonging without course of law of court .. Can we do it?

Advocate Amit Rathi answered
HiYour question is vegue If you want to evict tenant then u hv to send him legal notice through lawyer for eviction then you have to file civil suit in small causes court And if there is leave & license agreement then you will have to file case before competent authorities

Q: Can a woman have claim on dead husband's ancestral property?

My daughter had married a man who had hidden his health complications from us before marriage. After marriage my daughter found out about his various health complications such as vitamin K deficiency, food pipe operation, liver complications. When she complained, the guy didn't treat her well. He stopped earning. So after living together for about 9-10 months, she started living separately in a women's hostel earning all by herself. After about 7-8 months, the guy passed away due to his deteoriating health. He has no-one else but his older brother who is working abroad. He was living in his ancestor's flat (Their father had total 2 flats - one for each brother). Now that the guy has died without leaving any will, can my daughter have any claim on the property? Their marriage was not registered but we have wedding photos and witnesses of them living together.

Advocate Amit Rathi answered
Hi thereI have gone through your issues You daughter have every legal right to claim partition in her Husbonds ancestoral property all you have to do send a legal notice through a lawyer claiming partition and thereafter file a civil suit

Q: Husband don't want divorce from wife because of child filed by her.

I got married on 05.12.2006 having 2 kids one is in 5th Standard and other is 3.5 year old. Few month back there was some dispute between me and my wife so she went to her father house. than I thought it was my mistake so I gone there said sorry to all her family members. She came back with me. Now after 1.5 month while once I have checked her mobile she told why you are checking my mobile, now i will not stay with you and I want Divorce and she went to her father house at Gujarat. After she left I have checked her mobile bill record from that I have found that there is regular call to one un-known number also lots of messages. All found her some C Grade images sent to someone via whatsapp (deleated from mobile but its has been stored in sent folder of whattsapp). Now from some sources I came to know they was going to make case in Court. What will be the impact on me. Due to future of child I dont want Divorce. Its possible for me to get data to whome that images has been sent.

Advocate Amit Rathi answered
HiI have gone through your issue all you can do is send a legal notice through a lawyer calling for cohabitation and for restitution of conjugal rights if she fails to comply then you can file case in the court

Q: Tenant not paying rent, can eviction be done for non payment

My grandfather had given rooms on rent in 1980. They paid rent regularly till the death of my grandpa(death in 2004) later they stopped paying rent. can we ask them to pay rent again or do we have a right to vacate them if they don't pay rent. moreover they have their own property & flats stil they don't leave our rooms

Advocate Amit Rathi answered
Yes you can ask for rent simultaneously you can ask for vacant possession of the rooms by sending legal notice for eviction through lawyer n thereby filing civil suit in the small causes court on the ground of non payment of rent

Q: Refuse to take rent what can i do

What to do if new building owner is not taking rent since 5 years ?

Advocate Amit Rathi answered
HiYou can send the rent by money order through registered post to landlord or you can file an application in small cause court n deposit Or you can directly transfer to landlords authorised bank account